Tag Archives: Grand Jury

State to Fight Move to Indict Jim Conley

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The Atlanta Georgian

Wednesday, July 16, 1913

Grand Jury Foreman Admits That Action Against the Negro Is Considered.

The reported proposal by some of the members of the Grand Jury to meet for an investigation of Jim Conley’s connection with the murder of Mary Phagan has precipitated a sharp struggle in which Solicitor Dorsey has declared himself bitterly opposed to any action looking toward the indictment of the negro as a principal in the crime or even as an accessory after the fact, as the negro admits himself to be.

The fight has resolved itself into a contest to determine whether Conley shall go on the stand in the trial of Leo Frank as a reputable, trustworthy and free citizen, the status in which the Solicitor wishes to maintain him, or as a prisoner with the shadow of an indictment hanging over him.

In the latter aspect, several of the members of the Grand Jury are said to contend that he should appear, inasmuch as he is a confessed accessory and a possible principal.

The defense is said not to be opposed to the review of the case by the Grand Jury at this time nor to the indictment of Conley. Luther Z. Rosser, chief counsel for Frank, has charged from the first that Conley was the man guilty of the slaying of Mary Phagan, and it is presumed that he would be willing to enjoy the tactical advantage that the indictment of Conley probably would give the defense.

W.D. Beattie, foreman of the Grand Jury, intimated Thursday morning that the matter of calling the body together to consider a Conley indictment was under consideration by some of the members, but he said that no formal request had as yet been made for him to convene them. He said that he would issue the call when he had received a sufficient number of requests.

It is understood that the requests will be submitted to the foreman Thursday, on the ground that the evidence connecting Jim Conley directly with the crime is infinitely stronger than the evidence on which Leo Frank was indicted about two months ago, and that for this reason Conley should not be permitted to go before a jury as a free and unsuspected man and testify against Frank.

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The Atlanta Georgian, July 16th 1913, “State to Fight Move to Indict Jim Conley,” Leo Frank case newspaper article series (Original PDF)

Dorsey Adds Startling Evidence

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The Atlanta Georgian

Wednesday, July 16, 1913

*Editor’s Note: This article also ran in the Final (Box Score) Edition under the headline “State Finds New Frank Evidence.”

Solicitor Declares Prosecution’s Plans Are Unchanged—Doesn’t Expect Conley Indictment.

That affidavits as sensational and direct against Leo M. Frank, accused of murdering Mary Phagan, as the Mincey statement was against the negro, Jim Conley, are in the hands of the State and will be substantiated by witnesses at the trial, July 28, was admitted by Solicitor General Hugh M. Dorsey Wednesday morning.

The Solicitor and Frank A. Hooper, associated with him in the prosecution, made it plain that in their opinion the Mincey affidavit had in no way hurt the State’s case against Frank, and that they could anticipate no development that would make Conley instead of Frank the principal in Atlanta’s greatest murder mystery.

They say they do not expect the Grand Jury to indict the negro before the trial of Frank, and do not hesitate to say that any move in that direction will meet with opposition from the Solicitor, who would necessarily have to introduce witnesses to secure the indictment.

State’s Case Complete.

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No New Indictment Says Jury Foreman

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Constitution

Wednesday, July 16, 1913

State Has No Intention of Changing Plan of Action in Phagan Case.

The declaration of W.D. Beattie, foreman of the grand jury, that the grand jury had no intention of taking steps to indict James Conley, and a statement from Solicitor General Hugh M. Dorsey that as far as he was concerned the state would continue its present plan of action in regard to the Mary Phagan murder, apparently put a block to the rumor that the grand jury would go over the solicitor’s head and indict the negro sweeper for murder.

The same rumor was put into circulation in regard to the former grand jury which served during the May term, but nothing ever came of the reporta [sic].

Solicitor Dorsey stated positively that he had no intention of shifting the present plan and would continue to prosecute on the indictment returned against Leo M. Frank by the previous grand jury. Newport Lanford, chief of detectives, also declared that as far as the detective department was concerned that there would be no shift.

It apparently means that the state will continue an even course in the matter with the intention of threshing out the matter of the guilt of Superintendent Frank before taking up the question of the guilt of the negro.

It was rumored Wednesday that the solicitor had given Conley another grilling with a view to extracting further statements from him in regard to the case. He declined to discuss this feature of the case and also refused to state anything further in regard to the Mincey affidavit.

Should the solicitor in the week and a half left before the Frank trial obtain a confession from Conley or secure evidence from another source that would brand him as the guilty party that would, of course, change the entire affair.

* * *

The Atlanta Constitution, July 16th 1913, “No New Indictment Says Jury Foreman,” Leo Frank case newspaper article series (Original PDF)

Indictment of Conley Puzzle for Grand Jury

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The Atlanta Georgian

Sunday, July 13, 1913

*Editor’s Note: Some text is blurred in the original document, and illegible text is marked by “[…]”. The text box insert is transcribed at the bottom of this post.

Old Police Reporter Declares True Bill Against Negro Might Alter Entire Frank Prosecution.

RULES OF EVIDENCE CITED

Mincey Affidavit May Have Important Bearing on Defense of Pencil Factory Manager.

By An Old Police Reporter.

Persistent rumors have been abroad of late that the present Grand Jury may indict James Conley for the murder of Mary Phagan.

This is interesting, for if the Grand Jury should indict Conley it would set up a situation immediately possible of most decided results.

Frank already has been indicted, for reasons presumably sufficient to the Grand Jury then acting upon his case.

Would the present Grand Jury be justified in proceeding to the indictment of Conley, notwithstanding the former Frank indictment?

Unquestionably it would, if the circumstances of the case warranted it—indeed, there are many who will think it should proceed to that, if in that way justice seemed more likely to be established.

In getting a point of view in this matter, I have found it necessary to go back to the beginning, and to ask myself this:

Would the Grand Jury, in possession of all the present facts and circumstances pointing toward either Conley or Frank as the guilty man, have indicted Frank or Conley, as a primary proposition?

Much Room for Speculation.

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Dragnet for ‘Slavers’ Is Set

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The Atlanta Georgian

Saturday, July 12, 1913

Arrest of Additional Men Named by Girl Victim of the “Ring” Due Soon.

With rapid-fire developments featuring the day’s investigation of the “vice ring” said to exist in Atlanta, Chief of Police Beavers announced at noon that he is accumulating new evidence through which he hopes to be able soon to break up the gang. The new evidence, he intimtaed [sic], is startling, and is expected to result in arrests of several men and women within 24 hours.

The principal developments of the day, through which Chief Beavers is […] obtaining his new evidence are as follows:

Dora Rothstein has made a new statement, implicating three more men in her downfall, and naming half a dozen girls as victims of the ring.

The detective department, following a severe grilling given them by Chief Beavers Friday night, is seeking evidence against the vice ring with renewed vigor.

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Five Caught in Beavers’ Vice Net

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The Atlanta Georgian

Saturday, July 12, 1913

*Editor’s Note: The second part of this article is not available.

Police, Spurred by Chief, Raid Boarding House—Additional Arrests Due Soon.

As the result of the increased activity by the detective and police departments, following the grilling given the detectives Friday afternoon by Chief Beavers, five new arrests were made by a squad of officers shortly after noon Saturday, in a raid on a boarding house at No. 164 1-2 Peters Street.

The persons under arrest gave their names as Lulu Bell, Maud Wilson, Mrs. Lee Berkstein and L.W. Berkstein. Effie Drummond, a 22-year-old country girl, who has been in Atlanta only four weeks, is held as a material witness.

A man whose name is given as Joe North escaped through a back window while the police were raiding the place. A general order has been issued for his arrest. The raid was made by Officers Brannan, Moncrief and Baker.

More Arrests Probable.

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Parents Are Blamed for ‘Slavery’

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The Atlanta Georgian

Saturday, July 12, 1913

*Editor’s Note: The second portion of this article is not available.

Acting Recorder Sends Girls to Reform School and Binds Two Men Over.

Probe into vice conditions resulted in a startling climax Saturday afternoon when Acting Recorder Preston sentenced two girls, Corinne Wilson and Dora Rothstein to the Cincinnati Reform School and bound over two men, W.W. Suttles and C.A. Dollar, under $200 bond each, making eight vice cases tried Saturday, with the prospect of five more trials for Monday.

The trial was featured by the statements of the Acting Recorder, who declared that the parents of the girls were largely responsible for the deplorable conditions which exist. This accusation followed a severe reprimand of the parents of the Rothstein girl, who were in court.

“If you had a dog in your home,” said the Recorder to the two parents as they stood before the bar of justice, “you would not treat it as you have treated this girl. Just such action as this is resulting to-day in the ruin of hundreds of girls of this city.”

Efforts to Convict Fail.

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Mincey’s Story Jolts Police to Activity

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The Atlanta Georgian

Friday, July 11, 1913

*Editor’s Note: The following column ran in the final edition of the Georgian with the title “Georgian’s Story Stirs Officials to Action,” and contains the following bracketed text in lieu of the first two paragraphs and preceding sub-headline.

[Mincey Affidavit Leads to Another Cross-Examination of Phagan Case Suspect.

[As a result of the publication by The Georgian exclusively Thursday of the sensational affidavit of W.H. Mincey, the insurance agent, which declared that Jim Conley had confessed on the afternoon of the Phagan murder, that he had killed a little girl, the negro sweeper was again put on the grill late Friday afternoon. The cross-examination was conducted by Solicitor General Hugh M. Dorsey personally at the police station and was attended by utmost secrecy.

[Conley was taken into the Police Commissioners’ room on the second floor of the station house by a circuitous route to avoid being seen. In the room awaiting him were the Solicitor, his assistant, Frank J. Hooper, and Chief of Detectives Lanford. The negro was questioned for more than an hour. The result of the inquiry was not made known.

[That Mincey’s affidavit is of the utmost importance became obvious with this latest move by the prosecution. Undoubtedly its startling accusations, directing guilt at the negro, have shown themselves to the State to have foundation of more strength than Mr. Dorsey and his colleagues have so far cared to admit.]

Steps Taken Immediately to Discredit Affidavit Published Exclusively in The Georgian.

The Georgian’s exclusive publication of the sensational details of the W.H. Mincey affidavit, in which Jim Conley was alleged to have confessed to the killing of a girl the afternoon that Mary Phagan was slain, created a big stir Friday in police circles and immediate efforts were made to discredit the accusations against the negro.

Detectives set out at once on a still hunt for Mincey. Lines were thrown out to produce witnesses who would swear that Mincey’s word was not to be depended upon. The detective force, which virtually had been resting on its oars in the Phagan case for several weeks, was galvanized into action by the startling charges made in the affidavit of Mincey, which was first made public by The Georgian.

Police Deny Being Told.

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Girl Tells Police Startling Story of Vice Ring

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Georgian

Friday, July 11, 1913

THREE NEW VICE WAR ARRESTS

Man Prisoner Declares He Will Bare the Whole System if Brought to Trial.

As a result of statements made to Chief Beavers Friday morning by Hattie Smith, the young girl who has been held for the Grand Jury in connection with the vice war, Detective Rosser at noon arrested three persons—two men and a woman—who were named by the Smith girl as contributing to her downfall and being involved in her white slavery charges.

The persons under arrest are Paul Estes, 52 Queen Street; Hoyt Monroe, Edgewood, and Mrs. Lola White, 768 Marietta Street.

The woman is a cousin of Hattie Smith and lives next door, while both Estes and Monroe are in the employ of the Collier Garage at Cone and James Streets, where the Smith girl says she met Lena Barnhardt, who later took her to the Cumberland Hotel.

Says She Went Joy Riding.

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Slaying Charge for Conley Is Expected

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The Atlanta Georgian

Friday, July 11, 1913

Speedy Indictment of Negro Is Likely Following Publication of Mincey Affidavit.

The speedy indictment of Jim Conley on the charge of murdering Mary Phagan was the strong possibility discussed in court circles Friday following the sensational turn given the strangling mystery by The Georgian’s publication Thursday of the accusation of William H. Mincey, an insurance solicitor, that he had heard the negro boast on the afternoon of the crime of killing a girl.

For nearly two months a self-confessed accessory after the fact of the murder of the little factory girl, Conley has been allowed to go without an attempt at bringing an indictment against him. The startling new evidence which indicates most strongly, if the credibility of the defense’s witness can be established, that Conley was not the accessory after the fact, but the actual principal in the crime, is expected to result in a thorough investigation by the Grand Jury of all the rumors and stories which have been in circulation of the negro’s connection with the pencil factory tragedy.

Counsel Relies on Mincey.

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Newt Lee’s Attorneys Seeking His Freedom

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The Atlanta Journal

Tuesday, July 8, 1913

Habeas Corpus Proceedings May Bring Frank and Conley Face to Face

Petition for a writ of habeas corpus in behalf of Newt Lee, the negro night watchman at the National Pencil factory who has been held in jail since the Mary Phagan murder as a suspect, has been drawn up at 2 o’clock Tuesday afternoon by the negro’s attorneys, Graham and Chappell, and the firm then was seeking the signature of the nearest available judge of the Fulton superior court to a writ fixing the time and place for a hearing upon the matter and directing Newt Lee be brought into court.

It is by this method that the negro is said to seek his freedom from jail, contending that there is no reason for confining him for any part in the matter. The solicitor is expected to vigorously fight the habeas corpus and insist that Lee be held as a material witness.

Should the petition be signed both the state and the attorneys for Leo M. Frank will be notified and this brings up the possibility of Frank and the negro sweeper, Conley, being brought face to face in court.

At 2 o’clock it was said that the habeas corpus hearing would probably be set for Wednesday morning at 9:30 o’clock.

The following is Newt Lee’s petition:

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Attitude of Defense Secret

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The Atlanta Georgian

Tuesday, July 8, 1913

Attorneys for Accused Man Can Keep Him From Facing Accuser if They Wish.

That Leo M. Frank, superintendent of the National Pencil Factory, and James Conley, Frank’s accuser in the Mary Phagan murder mystery, would be brought face to face Tuesday was the strong possibility presented by the contemplated application for a writ of habeas corpus in behalf of Newt Lee, negro night watchman at the factory.

The plan of bringing Conley and Frank together may meet an insurmountable obstacle when it comes to getting the permission of Frank’s attorneys. The law allows an indicted man to testify or to refuse to testify. Frank has been willing to appear as a witness at any time, but he has placed himself under the instructions of his lawyers and the matter is entirely in their hands.

Arnold is Non-commital.

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State Sure Lee Will Not Be Released

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The Atlanta Georgian

Tuesday, July 8, 1913

Dorsey Confident That Move, Which May Confront Frank With Conley, Is Futile.

Solicitor General Hugh M. Dorsey said Tuesday he was confident the State would be able to defeat any attempt to get Newt Lee out of the Tower, where he has been confined since April 27, first as a suspect in the Mary Phagan murder case and later as a material witness. He said he had advised Lee’s attorney not to take the action, as the negro was regarded as an important witness in making a complete chain of evidence against Leo M. Frank.

No petition was filed in behalf of the negro Tuesday forenoon. There was no judge before whom the petition could be brought in the afternoon, although in rare instances writs of habeas corpus are filed with the Ordinary of the county. Lee’s counsel has until Friday to file the application. It was the announced intention to subpena both Frank and Jim Conley to appear at the hearing on the write [sic].

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Grants Right to Demand Lee’s Freedom

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The Atlanta Georgian

Tuesday, July 8, 1913

Negro’s Counsel Secures Chance to Argue for Habeas Corpus Writ Wednesday.

Reuben R. Arnold, of counsel for Leo M. Frank, communicated with Sheriff Mangum Tuesday afternoon directing him under no circumstances to permit the removal of Frank to appear Wednesday as a witness in the habeas corpus hearing to free Newt Lee.

“There is no law on earth to bring Frank to court under an order as a witness,” said Arnold. Attorney Rosser, chief of counsel, was absent from the city Tuesday.

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Lee’s Attorney is Ready for Writ Fight

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The Atlanta Georgian

Monday, July 7, 1913

Habeas Corpus Move to Free Negro in Phagan Case Due to Start Monday.

Habeas corpus proceedings in behalf of Newt Lee, negro night watchman at the National Pencil Factory, were promised Monday by the negro’s attorney, Bernard L. Chappell. Settlement of this phase of the Phagan murder mystery will determine definitely the status of the negro.

It is known that the State regards Lee as a material witness in building up its case against Frank. The attitude of Mr. Chappell is that his client knows no more about [the] crime than he already has told, and should therefore be freed. Lee has told the detectives nothing which links any man directly with the crime. By the defense, his story is held to point to the guilt of Leo Frank no more than to the guilt of Conley.

The State, however, will fight any effort to give the negro his liberty. Solicitor Dorsey fears that Lee will get out of the jurisdiction of the court once he is permitted his freedom.

The battle over Lee is the only outward sign of activity in the Phagan case etiher [sic] by the defense or the prosecution, but it is known that the defense is busily engaged completing its case. One new witness was interviewed Saturday by Frank’s lawyers, and his affidavit taken before a notary public. A strong net is being woven about Conley. The nature of the testimony is being kept secret, but it is known that the defense expects to free Frank by showing that it was Conley who committed the crime. The negro is said to be enmeshed in the testimony in the hands of the defense.

Despite rumors of another postponement, attorneys for the defense and prosecution said Monday that they would be ready to go ahead with the case at the time set for trial, July 28, and that they knew of no reason for further delay.

Jury to Consider Indicting Conley.

What was considered a direct reference to the Phagan case was made in the charge of Superior Judge George L. Bell to the Grand Jury Monday morning. He said he wanted to place particular emphasis on recent “horrible homicides” and urged the jury to probe deep in an effort to find clews that would lead to perpetrators.

The Grand Jury was organized at 9 o’clock Monday morning with W. D. Beattie foreman. Judge Bell made one of the shortest charges ever delivered in a Fulton County courtroom.

Immediately following the charge the jury went into executive session to consider bills presented by the Solicitor’s office. After to-day’s session the calendar of criminal business will be disposed of, and the jury will have every opportunity to take up any matters it might see fit.

A meeting will be called later in the week when a definite plan of action will be outlined for the term. It was regarded as likely that the Phagan case would be reopened and an indictment against Jim Conley considered.

Other matters that might be taken up are recent developments with the police department, in which eight patrolmen were suspended for alleged corruption, the counter charges of corruption made by them and charges of open vice.

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The Atlanta Georgian, July 7th 1913, “Lee’s Attorney is Ready for Writ Fight,” Leo Frank case newspaper article series (Original PDF)

Phagan Case Centers on Conley; Negro Lone Hope of Both Sides

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The Atlanta Georgian

Sunday, July 6, 1913

*Editor’s Note: See insert article, “Decisions Which May Aid Defense of Frank”, at the conclusion of this post.

Frank Expects Freedom by Breaking Down Accuser’s Testimony, and State a Conviction by Establishing Truth of Statements.

BY AN OLD POLICE REPORTER.

The developments in the Phagan case have been of late highly significant and interesting.

During the past week, it became evident that the very heart and soul of both the prosecution and the defense is to center largely about the negro, James Conley.

He is at once apparently the hope and the despair of both sides to the contest!

This circumstance, however, while tending to add much to the dramatic and the uncertain, in so far as the outcome is concerned, is not by any means an unusual thing in cases of this kind.

It frequently happens in mysterious murder cases that both the State and the defense must pin their faith to one and the same witness.

Of late there has been some talk of the Grand Jury indicting Conley, even over the Solicitor General’s head, which, of course, it would have a perfect right to do.

The thought occurred to me some time ago that the case might take that direction, but in the article in which that point was discussed, I mentioned it incidentally, rather than as a likely thing.

Indictment may Mean Much.

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Findings in Probe are Guarded

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The Atlanta Georgian

Wednesday, July 2, 1913

No Indication Given of Results of Investigation of Reports of Disorderly Houses.

The result of the Grand Jury’s sensational vice probe of a few weeks ago will be made known Wednesday when the presentments are returned to Superior Judge W. D. Ellis, who two months ago charged that an extensive investigation be made.

Save when an indictment was returned against Police Commissioner W. P. Fain, which charged him with keeping a disorderly house and beating one of the women inmates, no inkling of the general trend of the probe got beyond the closed doors of the jury room.

When the probe first started the jury expected it to be completed in a day. It took a sensational turn when Colonel Thomas B. Felder charged Chief of Detectives Newport Lanford and his detectives with openly protecting vice, and the attorney stated he could submit to the jury a “vice list” that would “stand Atlanta on its head.”

List Given to Jury.

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Facts Do Not Indicate Indictment of Conley

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The Atlanta Journal

Tuesday, July 1, 1913

Rumor About Negro in Phagan Case Not Confirmed—Grand Jury Is Through

The publication to the effect that the negro sweeper, Jim Conley, probably would be indicted by the Fulton county grand jury for the murder of Mary Phagan, is apparently without any justification.

The grand jury, according to its foreman, Lewis H. Beck, will make its presentments to the court Wednesday morning and in all probability will be discharged then.

It is not likely, therefore, that the jury will consider any further bills. Mr. Beck declined to comment on the publication and referred the reporter to the solicitor.

As Solicitor Dorsey is known to be opposed to an indictment of Conley at this time, there seems to be no basis for the report that the case will be taken up.

Solicitor General Hugh M. Dorsey vigorously asserted Tuesday afternoon that no attempt had been made by the grand jury toin dict [sic] the negro Conely [sic] for the murder of Mary Phagan nor had any suggestion been made by the jurymen in this direction.

He said positively that he had heard of no intention on the part of jurors to go over his head in the Conley matter.

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The Atlanta Journal, July 1st 1913, “Facts Do Not Indicate Indictment of Conley,” Leo Frank case newspaper article series (Original PDF)

“No” Bill Is Returned Against A. S. Colyar

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The Atlanta Georgian

Tuesday, July 1, 1913

Grand Jury Declines to Indict Colyar for Reply to Attack of Colonel Felder

[…]charging A. S. Colyar, of Nashville, with libel, the Fulton county grand jury at its session on Tuesda ymorning [sic] refused to indict the Tennessean, returning a “no bill” in the case. Mr. Colyar has been in the limelight recently as a principal in the sensational dictograph episode, and has been engaged in a heated controversy with Colonel Thomas B. Felder.

The Tennessean was charged specifically with libelling Mr. Felder in a card published over his signature in The Journal of June 8, in which he excoriated the Atlanta lawyer.

The grand jury had the bill drawn of its own initiative, it is said, and considered it Tuesday morning. The only witness called before the grand jury was John Paschall, city editor of The Atlanta Journal.

In answer to questions of the grand jurors, Mr. Paschall stated that the card was furnished for publication by Mr. Colyar. Colyar has been given an opportunity to reply to an attack on his character, which Mr. Felder had embodied in a card, addressed to the editor of The Journal and which was published on the same day, the newspaper man told the jury in answer to further questions.

Attached to the bill, which was drawn against Mr. Colyar, was a copy of his card.

The grand jury was in session more than an hour considering the bill, before its decision not to return an indictment was reached.

* * *

The Atlanta Georgian, July 1st 1913, “”No” Bill Is Returned Against A. S. Colyar,” Leo Frank case newspaper article series (Original PDF)

May Indict Conley in Phagan Case

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The Atlanta Georgian

Tuesday, July 1, 1913

JURY LIKELY TO GO OVER DORSEY’S HEAD

Indictment of Negro Sweeper Would Be Severe Blow to Prosecution of Frank.

That the Fulton County Grand Jury will go over the head of Solicitor General Hugh M. Dorsey and indict Jim Conley, the negro sweeper, for the murder of Mary Phagan, in connection with Leo M. Frank, was a probability which came to light Tuesday.

While the report was not verified, its origin was such as to throw a bomb into the camp of the prosecution, as it will mean the indictment of the star witness in the State’s case against Frank.

In the event that Conley is indicted it will mean also that he will be taken from the custody of the police, where he has been carefully guarded from the defense, and will be placed in the county jail, where Frank is being held.

Rumors that Newt Lee, negro night watchman at the National Pencil factory, had made sensational disclosures to his attorney, Bernard L. Chappell, and would be one of the State’s most important witnesses in the trial of Leo M. Frank, were set at rest Tuesday by Mr. Chappell.

The negro’s attorney said after the inquest that he would make no effort to procure the release of Lee, as he believed his client was a vital witness and it would be the wisest plan for him to remain in the protection of the State.

His statements at this time and up to the date of the indictment found against Frank led to the impression that Lee had confided in his lawyer significant circumstances which he had told neither to the detectives nor to the members of the Coroner’s jury.

Denies Confession Reports.

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